long-term care facility or provider
(6) Definitions Under the nationwide program: (A) Conviction for a relevant crime The term “conviction for a relevant crime” means any Federal or State criminal conviction for— (i) any offense described in section 1128(a) of the Social Security Act ( 42 U.S.C. 1320a–7 [(a)]); or (ii) such other types of offenses as a participating State may specify for purposes of conducting the program in such State. (B) Disqualifying information The term “disqualifying information” means a conviction for a relevant crime or a finding of patient or resident abuse. (C) Finding of patient or resident abuse The term “finding of patient or resident abuse” means any substantiated finding by a State agency under section 1819(g)(1)(C) or 1919(g)(1)(C) of the Social Security Act ( 42 U.S.C. 1395i–3(g)(1)(C) , 1396r(g)(1)(C)) or a Federal agency that a direct patient access employee has committed— (i) an act of patient or resident abuse or neglect or a misappropriation of patient or resident property; or (ii) such other types of acts as a participating State may specify for purposes of conducting the program in such State. (D) Direct patient access employee The term “direct patient access employee” means any individual who has access to a patient or resident of a long-term care facility or provider through employment or through a contract with such facility or provider and has duties that involve (or may involve) one-on-one contact with a patient or resident of the facility or provider, as determined by the State for purposes of the nationwide program. Such term does not include a volunteer unless the volunteer has duties that are equivalent to the duties of a direct patient access employee and those duties involve (or may involve) one-on-one contact with a patient or resident of the long-term care facility or provider. (E) Long-term care facility or provider The term “long-term care facility or provider” means the following facilities or providers which receive payment for services under title XVIII or XIX of the Social Security Act [ 42 U.S.C. 1395 et seq., 1396 et seq.]: (i) A skilled nursing facility (as defined in section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i–3(a) )). (ii) A nursing facility (as defined in section 1919(a) of such Act ( 42 U.S.C. 1396r(a) )). (iii) A home health agency. (iv) A provider of hospice care (as defined in section 1861(dd)(1) of such Act ( 42 U.S.C. 1395x(dd)(1) )). (v) A long-term care hospital (as described in section 1886(d)(1)(B)(iv) of such Act ( 42 U.S.C. 1395ww(d)(1)(B)(iv) )). (vi) A provider of personal care services. (vii) A provider of adult day care. (viii) A residential care provider that arranges for, or directly provides, long-term care services, including an assisted living facility that provides a level of care established by the Secretary. (ix) An intermediate care facility for the mentally retarded (as defined in section 1905(d) of such Act ( 42 U.S.C. 1396d(d) )). (x) Any other facility or provider of long-term care services under such titles as the participating State determines appropriate.